Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 7, 2012, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on December 7, 2012, and on November 28, 2013, the Seoul Southern District Court was sentenced to a suspended sentence of two years for a period of eight months.

around 23:56 on June 17, 2020, the Defendant driven DB car in the state of alcohol with a blood alcohol concentration of about 0.105% at a section of about 200 meters from the Handong-gu B adjacent to the same Gu C road.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. The application of Acts and subordinate statutes of one copy of the judgment and one summary order to the accused's legal statement, the notification of the results of regulating drinking driving under the influence of alcohol, the report on the situation of the driver involved, the criminal investigation report, criminal records, etc.;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Code of the community service order and the defendant committed the crime of drunk driving even though he/she had been punished twice due to the crime of drunk driving.

This is an unfavorable circumstance to the defendant.

Defendant is recognized to commit crimes.

The distance from drinking driving is short.

Finally, it was before 7 years 2013 when the defendant was sentenced to the crime of drunk driving.

This is favorable to the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and various sentencing conditions prescribed in Article 51 of the Criminal Act after the crime is committed.